Journal of the Senate

SECOND REGULAR SESSION

SIXTY-FIRST DAY--WEDNESDAY, APRIL 29, 1998

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, we don't understand why it is so easy to hate and so difficult to truly love one another. We pray for Divine guidance as we deal with one another. Help us to be loving even when others aren't, to respect everyone even when they are disrespectful of us. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

A quorum being established, the Senate proceeded with its business.

The Journal of the previous day was read and approved.

The following Senators were present during the day's proceedings:

RESOLUTIONS

Senator Rohrbach offered Senate Resolution No. 1787, regarding James L. Rackers, Jefferson City, which was adopted.

CONCURRENT RESOLUTIONS

Senator Wiggins offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 43

BE IT RESOLVED by the Senate of the Eighty-ninth General Assembly, Second Regular Session, the House of Representatives concurring therein, that the Missouri Committee on Legislative Research shall prepare and cause to be collated, indexed, printed and bound all acts and resolutions of the Eighty-ninth General Assembly, Second Regular Session, and shall examine the printed copies and compare them with and correct the same by the original rolls, together with an attestation under the hand of the Revisor of Statutes that he has compared the same with the original rolls in his office and has corrected the same thereby; and

BE IT FURTHER RESOLVED that the size and quality of the paper and binding shall be substantially the same as used in prior session laws and the size and style of type shall be determined by the Revisor of Statutes; and

BE IT FURTHER RESOLVED that the Joint Committee on Legislative Research is authorized to print and bind copies of the acts and resolutions of the Eighty-ninth General Assembly, Second Regular Session, with appropriate indexing; and

BE IT FURTHER RESOLVED that the Revisor of Statutes is authorized to determine the number of copies to be printed.

Senator Wiggins requested unanimous consent of the Senate to suspend the rules and take SCR 43 up for adoption, which request was granted.

On motion of Senator Wiggins, SCR 43 was adopted by the following vote:

BILL REFERRALS

President Pro Tem McKenna referred HCS for HB 1167, with SCS, to the Committee on State Budget Control.

HOUSE BILLS ON THIRD READING

HB 1419, with SCA 1, introduced by Representatives Riback Wilson and Holand, entitled:

An Act to repeal section 210.030, RSMo 1994, relating to blood tests for pregnant women, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up by Senator Jacob.

SCA 1 was taken up.

Senator Jacob moved that the above amendment be adopted, which motion prevailed.

On motion of Senator Jacob, HB 1419, as amended, was read the 3rd time and passed by the following vote:

The President Pro Tem declared the bill passed.

On motion of Senator Jacob, title to the bill was agreed to.

Senator Jacob moved that the vote by which the bill passed be reconsidered.

Senator Staples moved that motion lay on the table, which motion prevailed.

HB 898, introduced by Representative Heckemeyer, entitled:

An Act to repeal section 34.140, RSMo Supp. 1997, relating to certain state property, and to enact in lieu thereof one new section relating to the same subject.

Was called from the Consent Calendar and taken up by Senator Staples.

On motion of Senator Staples, HB 898 was read the 3rd time and passed by the following vote:

The President Pro Tem declared the bill passed.

On motion of Senator Staples, title to the bill was agreed to.

Senator Staples moved that the vote by which the bill passed be reconsidered.

Senator Goode moved that motion lay on the table, which motion prevailed.

HB 931, introduced by Representative Carter, entitled:

An Act to repeal section 542.301, RSMo 1994, relating to the disposition of evidence, and to enact in lieu thereof two new sections relating to the same subject.

Was called from the Consent Calendar and taken up by Senator Banks.

On motion of Senator Banks, HB 931 was read the 3rd time and passed by the following vote:

The President Pro Tem declared the bill passed.

On motion of Senator Banks, title to the bill was agreed to.

Senator Banks moved that the vote by which the bill passed be reconsidered.

Senator Caskey moved that motion lay on the table, which motion prevailed.

HB 1103, introduced by Representative May (108th), entitled:

An Act relating to the construction of the durable power of attorney statutes.

Was called from the Consent Calendar and taken up by Senator Caskey.

On motion of Senator Caskey, HB 1103 was read the 3rd time and passed by the following vote:

The President Pro Tem declared the bill passed.

On motion of Senator Caskey, title to the bill was agreed to.

Senator Caskey moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

HB 1107, introduced by Representative May (108th), entitled:

An Act to amend chapter 456, RSMo, relating to trusts and estates of decedents and persons under disability by adding thereto one new section relating to compensation of trustees.

Was called from the Consent Calendar and taken up by Senator Caskey.

On motion of Senator Caskey, HB 1107 was read the 3rd time and passed by the following vote:

The President Pro Tem declared the bill passed.

On motion of Senator Caskey, title to the bill was agreed to.

Senator Caskey moved that the vote by which the bill passed be reconsidered.

Senator Maxwell moved that motion lay on the table, which motion prevailed.

HB 1508, introduced by Representative Relford, et al, entitled:

An Act to repeal section 558.019, RSMo 1994, relating to prior and persistent offenders, and to enact in lieu thereof one new section relating to the same subject, with an emergency clause.

Was called from the Consent Calendar and taken up by Senator Maxwell.

On motion of Senator Maxwell, HB 1508 was read the 3rd time and passed by the following vote:

The President Pro Tem declared the bill passed.

The emergency clause was adopted by the following vote:

On motion of Senator Maxwell, title to the bill was agreed to.

Senator Maxwell moved that the vote by which the bill passed be reconsidered.

Senator Johnson moved that motion lay on the table, which motion prevailed.

HB 1779, with SCS, introduced by Representatives Riback Wilson and Clayton, entitled:

An Act to repeal section 566.030, RSMo 1994, relating to forcible rape, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Was taken up by Senator Yeckel.

SCS for HB 1779, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1779

An Act to repeal sections 566.030 and 566.060, RSMo 1994, relating to crimes and punishment, and to enact in lieu thereof two new sections relating to the same subject.

Was taken up.

Senator Yeckel moved that SCS for HB 1779 be adopted.

Senator Jacob offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 1779, Page 2, Section 566.060, Line 13, by inserting immediately after said line the following:

"570.103. 1. As used in sections 570.103 and 570.105, the following words mean:

(1) "Counterfeit mark", any unauthorized reproduction or copy of intellectual property or intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;

(2) "Intellectual property", any trademark, service mark, trade name, label, term, device, design, or word adopted or used by a person to identify such person's goods or services;

(3) "Retail value", the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.

2. Any person who willfully manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute any item, or services, bearing or identified by a counterfeit mark, shall be guilty of the crime of counterfeiting. A person having possession, custody or control of more than twenty-five items bearing a counterfeit mark shall be presumed to possess said items with intent to sell or distribute.

3. Counterfeiting shall be a class A misdemeanor, except as provided in subsections 4 and 5 of this section.

4. Counterfeiting shall be a class D felony if:

(1) The defendant has previously been convicted under this section; or

(2) The violation involves more than one hundred but fewer than one thousand items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is more than one thousand dollars, but less than ten thousand dollars.

5. Counterfeiting shall be a class C felony if:

(1) The defendant has been previously convicted of two or more offenses under this section;

(2) The violation involves the manufacture or production of items bearing counterfeit marks; or

(3) The violation involves one thousand or more items bearing a counterfeit mark or the total retail value of all items bearing, or services identified by, a counterfeit mark is more than ten thousand dollars.

6. For purposes of this section, the quantity or retail value of items or services shall include the aggregate quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses.

7. Any person convicted of counterfeiting shall be fined an amount up to three times the retail value of the items bearing, or services identified by, a counterfeit mark, unless extenuating circumstances are shown by the defendant.

8. The remedies provided for herein shall be cumulative to the other civil remedies provided by law.

9. Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of the facts stated therein.

570.105. 1. Any items bearing a counterfeit mark, and all personal property, including but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, employed or used in connection with a violation of section 570.103 or this section shall be seized by any law enforcement officer. All seized personal property shall be forfeited in accordance with section 513.600, et seq.

2. Upon the request of the intellectual property owner, all seized items bearing a counterfeit mark shall be released to the intellectual property owner for destruction or disposition. If the intellectual property owner does not request release of seized items bearing a counterfeit mark, such items shall be destroyed unless the intellectual property owner consents to another disposition."; and

Further amend the title and enacting clause accordingly.

Senator Jacob moved that the above amendment be adopted, which motion prevailed.

Senator Yeckel moved that SCS for HB 1779, as amended, be adopted, which motion prevailed.

On motion of Senator Yeckel, SCS for HB 1779, as amended, was read the 3rd time and passed by the following vote:

The President Pro Tem declared the bill passed.

On motion of Senator Yeckel, title to the bill was agreed to.

Senator Yeckel moved that the vote by which the bill passed be reconsidered.

Senator Maxwell moved that motion lay on the table, which motion prevailed.

HB 1274 was placed on the Informal Calendar.

HB 1869, with SCS, was placed on the Informal Calendar.

HB 927, with SCS, introduced by Representative Hosmer, et al, entitled:

An Act to repeal section 36.150, RSMo 1994 and section 105.473, RSMo Supp. 1997, relating to certain political activities, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

Was taken up by Senator Maxwell.

SCS for HB 927, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 927

An Act to repeal section 36.150, RSMo 1994, and section 105.473, RSMo Supp. 1997, relating to certain political activities, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions.

Was taken up.

Senator Maxwell moved that SCS for HB 927 be adopted.

Senator Maxwell offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Bill No. 927, Page 1, Section A, Line 3, by deleting the number "105.155, 105.156, 105.157, 105.158" and inserting in lieu thereof the following: "36.152, 36.155, 36.157, 36.159"; and

Further amend said bill, Page 2, Section 105.155, Line 1, by deleting all of said line and inserting in lieu thereof the following: "36.152. For the purposes of sections 36.152 to 36.159, the following terms"; and

Further amend said bill, Page 2, Section 105.156, Line 1, by deleting the number "105.156." and inserting in lieu thereof the number "36.155."; and

Further amend said bill, Page 3, Section 105.157, Line 1, by deleting the number "105.157." and inserting in lieu thereof the number "36.157."; and

Further amend said bill, Page 3, Section 105.158, Line 1, by deleting the number "105.158." and inserting in lieu thereof the number "36.159.".

Senator Maxwell moved that the above amendment be adopted, which motion prevailed.

President Wilson assumed the Chair.

Senator Johnson announced that photographers from the Associated Press had been given permission to take pictures in the Senate Chamber today.

President Pro Tem McKenna assumed the Chair.

Senator Flotron offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Bill No. 927, Page 6, Section 105.473, Line 107, by inserting immediately after said line the following:

"Section 1. No state agency and no state official shall, by agency policy, executive order, ethics codes or any other means, prohibit any state employee from communicating with his or her state representative or state senator, nor shall such agency or official require any such employee to provide any record or other information regarding any communications with his or her state representative or state senator, except when such communications are directly related to the primary employment duties of such employee."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted.

Senator Caskey offered SA 1 to SA 2, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Committee Substitute for House Bill No. 927, Page 1, Section 1, Line 2, by inserting after "official" on said line: ", including the Joint Committee on Legislative Research and the Oversight Division".

Senator Caskey moved that the above amendment be adopted, which motion prevailed.

SA 2, as amended, was again taken up.

At the request of Senator Maxwell, HB 927, with SCS and SA 2, as amended (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1734 and has again taken up and passed SCS for HB 1734.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 1609 and has again taken up and passed HB 1609 as amended.

Emergency clause adopted.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 1730 and has again taken up and passed HB 1730 as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has concurred in SCA 1 to HB 1511 and has again taken up and passed HB 1511 as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1596 and has again taken up and passed SCS for HB 1596.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to concur in SCA 1 to HB 1410 and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Senator Maxwell assumed the Chair.

HOUSE BILLS ON SECOND READING

The following Bill was read the 2nd time and referred to the Committee indicated:

HB 1258--Ways and Means.

RESOLUTIONS

Senator Ehlmann offered Senate Resolution No. 1788, regarding the St. Charles West High School Warriors Wrestling Team, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1789, regarding Mark Vollmar, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1790, regarding Gary Oxford, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1791, regarding John Lorenson, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1792, regarding Erin McGuire, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1793, regarding Shawn Belville, St. Charles, which was adopted.

Senator Ehlmann offered Senate Resolution No. 1794, regarding Jake Newsham, St. Charles, which was adopted.

Senator Graves offered Senate Resolution No. 1795, regarding the Eightieth Birthday of Mrs. Roberta Rose (Dickinson) Dooley, Carrollton, which was adopted.

Senator Childers offered Senate Resolution No. 1796, regarding Kylie Oaks, Reeds Spring, which was adopted.

On motion of Senator Quick, the Senate recessed until 2:30 p.m.

RECESS

The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 1797, regarding the One Hundredth Birthday of Ms. Elizabeth Mohler, Warrensburg, which was adopted.

Senator Jacob offered Senate Resolution No. 1798, regarding Jeremy Estes, Columbia, which was adopted.

Senator Russell offered Senate Resolution No. 1799, regarding the Board of Directors of the Lake of the Ozarks Community Bridge Corporation, which was adopted.

Senator McKenna offered Senate Resolution No. 1800, regarding Adam Greminger, Festus, which was adopted.

Senator McKenna offered Senate Resolution No. 1801, regarding Mike Ravenscraft, Festus, which was adopted.

Senator Bentley offered Senate Resolution No. 1802, regarding Superintendent James K. Tice, Strafford R-VI School District, which was adopted.

HOUSE BILLS ON THIRD READING

Senator Maxwell moved that HB 927, with SCS and SA 2, as amended (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SA 2, as amended, was again taken up.

Senator Westfall offered SA 2 to SA 2:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 2

Amend Senate Amendment No. 2 to Senate Committee Substitute for House Bill No. 927, Page 1, Section 1, Line 5 of said amendment, by inserting immediately after the word "senator" the following: "while off duty, on annual leave or with permission of their supervisor".

Senator Westfall moved that the above amendment be adopted, which motion prevailed.

SA 2, as amended, was again taken up.

Senator Flotron moved that the above amendment be adopted, which motion prevailed.

Senator Flotron offered SA 3, which was read:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.157, Line 3, by inserting after all of said line the following:

"(3) By utilizing any state resources or facilities;"; and

Further renumber the remaining subdivisions accordingly.

Senator Flotron moved that the above amendment be adopted, which motion prevailed.

Senator Flotron offered SA 4, which was read:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.158, Line 9, by adding immediately after the word "imprisonment." on said line the following: "Any person convicted of a violation of this section shall lose their position in the agency.".

Senator Flotron moved that the above amendment be adopted, which motion prevailed.

Senator Flotron offered SA 5, which was read:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Bill No. 927, Page 2, Section 36.150, Line 23, by striking the opening bracket "[" ; and further amend line 29, by striking the closing bracket "]".

Senator Flotron moved that the above amendment be adopted.

Senator Maxwell requested a roll call vote be taken on the adoption of SA 5 and was joined in his request by Senators Caskey, Childers, Russell and Westfall.

Senator Johnson assumed the Chair.

Senator Flotron offered SSA 1 for SA 5, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Bill No. 927, Page 2, Section 36.150, Lines 23 and 29, by striking the brackets and further amend said bill, line 25, by striking "or affairs".

Senator Flotron moved that the above substitute amendment be adopted.

Senator Maxwell requested a roll call vote be taken on the adoption of SSA 1 for SA 5 and was joined in his request by Senators Kinder, Caskey, Russell and Westfall.

The roll call vote was taken on SSA 1 for SA 5.

Senator Flotron requested verification of the roll.

Senator Ehlmann raised the point of order that a request had been made for verification of the roll and members were allowed to vote who were not present before the verification request.

Senator Staples raised a point of order that a request for verification is not allowed during the time the roll is being called.

Senator Maxwell raised the point of order that after a verification of the roll has been requested, members present in the Chamber should be allowed to vote.

President Pro Tem McKenna ruled that members present in the Chamber at the time of verification were eligible to vote. Members who were not present at the time the verification was requested would not be allowed to vote.

SSA 1 for SA 5 failed of adoption by the following vote:

At the request of Senator Flotron, SA 5 was withdrawn.

Senator Flotron offered SA 6, which was read:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.157, Line 2, by inserting after all of said line the following:

"(2) During normal working hours, regardless of whether the employee is on duty;"; and further renumber the remaining subdivisions accordingly.

Senator Flotron moved that the above amendment be adopted, which motion prevailed.

Senator Maxwell offered SA 7, which was read:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for House Bill No. 927, Page 2, Section 105.155, Line 4, by striking the words "an appointive position" and inserting in lieu thereof the following: "a position subject to the provisions of chapter 36, RSMo"; and

Further amend said bill, page 3, section 105.156, line 7, by striking the following: ", except on a voluntary basis".

Senator Maxwell moved that the above amendment be adopted, which motion prevailed.

Senator Westfall offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Committee Substitute for House Bill No. 927, Page 2, Section 105.155, Line 7, by inserting after "RSMo" the following: ";

(4) "Political activity", any activity in support of or opposition to a political party, candidate, ballot measure, or committee as defined in section 103.011, RSMo. For the purposes of this act, political activity shall include the publishing, circulation or distribution of any printed matter as defined in subsection 8 of section 130.031; however, it shall not be construed to be a political activity to display a political sign on any private motor vehicle or at any private residence"; and

Further amend said bill, page 2, section 105.156, line 3, by striking the word "may" and inserting in lieu thereof the word "shall"; and

Further amend said bill, Page 3, Section 105.157, Line 1, by striking the word "may" and inserting in lieu thereof the word "shall"; and further amend line 5, by striking the word "or"; and further amend line 7, by inserting after "state" the following: ";

(5) When using any privately owned vehicle while receiving compensation for mileage by the state or any agency or instrumentality of the state".

Senator Westfall moved that the above amendment be adopted, which motion prevailed.

Senator Westfall offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Committee Substitute for House Bill No. 927, Page 1, Section A, Line 3, by inserting immediately after said line the following:

"36.030. 1. A system of personnel administration based on merit principles and designed to secure efficient administration is established for all offices, positions and employees, except attorneys, of the department of social services, the department of corrections, the department of health, the department of revenue, the department of natural resources, the department of mental health, the division of personnel and other divisions and units of the office of administration, the division of employment security, mine safety and on-site consultation sections of the division of labor standards and administration operations of the department of labor and industrial relations, the division of tourism and job development and training, the Missouri housing development commission, and the office of public counsel of the department of economic development, the Missouri state water patrol, the Missouri veterans commission, capitol police and state emergency management agency of the department of public safety, such other agencies as may be designated by law, and such other agencies as may be required to maintain personnel standards on a merit basis by federal law or regulations for grant-in-aid programs; except that, the following offices and positions of these agencies are not subject to this chapter and may be filled without regard to its provisions:

(1) Other provisions of the law notwithstanding, members of boards and commissions, departmental directors, five principal assistants designated by the departmental directors, division directors, and three principal assistants designated by each division director; except that, these exemptions shall not apply to the division of personnel;

(2) One principal assistant for each board or commission, the members of which are appointed by the governor or by a director of the department;

(3) Chaplains and attorneys regularly employed or appointed in any department or division subject to this chapter, except as provided in section 36.031;

(4) Persons employed in work assignments with a geographic location principally outside the state of Missouri and other persons whose employment is such that selection by competitive examination and standard classification and compensation practices are not practical under all the circumstances as determined by the board by rule;

(5) Patients or inmates in state charitable, penal and correctional institutions who may also be employees in the institutions;

(6) Persons employed in an internship capacity in a state department or institution as a part of their formal training, at a college, university, business, trade or other technical school; except that, by appropriate resolution of the governing authorities of any department or institution, the personnel division may be called upon to assist in selecting persons to be appointed to internship positions;

(7) The administrative head of each state medical, penal and correctional institution, as warranted by the size and complexity of the organization and as approved by the board;

(8) Deputies or other policymaking assistants to the exempt head of each division of service, as warranted by the size or complexity of the organization and in accordance with the rules promulgated by the personnel advisory board;

(9) Special assistants as designated by an appointing authority; except that, the number of such special assistants shall not exceed one percent of a department's total authorized full-time equivalent workforce;

(10) Merit status shall be retained by present incumbents of positions identified in this section which have previously been subject to this chapter.

2. All positions in the executive branch transferred to coverage pursuant to this chapter where incumbents of such positions have at least twelve months' prior service on the effective date of such transfer shall have incumbency preference and shall be permitted to retain their positions, provided they meet qualification standards acceptable to the division of personnel of the office of administration. An employee with less than twelve months of prior service on the effective date of such transfer or an employee who is appointed to such position after the effective date of such transfer and prior to the classification and allocation of the position by the division of personnel shall be permitted to retain his or her position, provided he or she meets acceptable qualification standards and subject to successful completion of a working test period which shall not exceed twelve months of total service in the position. After the allocation of any position to an established classification, such position shall thereafter be filled only in accordance with all provisions of this chapter.

3. The system of personnel administration governs the appointment, promotion, transfer, layoff, removal and discipline of employees and officers and other incidents of employment in divisions of service subject to this chapter, and all appointments and promotions to positions subject to this chapter shall be made on the basis of merit and fitness.

4. To encourage all state employees to improve the quality of state services, increase the efficiency of state work operations, and reduce the costs of state programs, the director of the division of personnel shall establish employee recognition programs, including a statewide employee suggestion system. The director shall determine reasonable rules and shall provide reasonable standards for determining the monetary awards, not to exceed five thousand dollars, under the employee suggestion system. Awards shall be made from funds appropriated for this purpose.

5. At the request of the senate or the house of representatives, the commissioner of administration shall submit a report on the employee suggestion award program described in subsection 4 of this section."; and

Further amend the title and enacting clause accordingly.

Senator Westfall moved that the above amendment be adopted.

Senator Mathewson assumed the Chair.

Senator Ehlmann offered SA 1 to SA 9, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 9

Amend Senate Amendment No. 9 to Senate Committee Substitute for House Bill No. 927, Page 5, Section 36.030, Line 7, by adding the following: "any changes to section 36.030 RSMo contained in this act will become effective on January 1, 2001.".

Senator Ehlmann moved that the above amendment be adopted, which motion prevailed.

SA 9, as amended, was again taken up.

Senator Westfall moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Klarich, Childers, Ehlmann and Yeckel.

SA 9, as amended, failed of adoption by the following vote:

Senator Kinder offered SA 10:

SENATE AMENDMENT NO. 10

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.155, Line 9, by deleting the word "; or" and adding the following: "unless he or she takes a leave of absence at least sixty days prior to the election"; and

Further amend said bill, page 2, section 105.155, line 5, by adding the following "or any public higher education institution located in the State of Missouri.".

Senator Kinder moved that the above amendment be adopted, which motion prevailed.

Senator Childers offered SA 11, which was read:

SENATE AMENDMENT NO. 11

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.158, Line 9, by adding after the period on said line the following: "Any person who makes a false accusation against another individual concerning an action punishable under this section shall be subject to the same penalty as would apply to the person subject to the false accusation.".

Senator Childers moved that the above amendment be adopted, which motion prevailed.

Senator Childers offered SA 12, which was read:

SENATE AMENDMENT NO. 12

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.158, Line 5, by inserting behind the period on line 5 the words: "No employee of this state shall discriminate against, discipline, or otherwise create a preference for or against any employee subject to such persons authority as a consequence of such employee's political belief or expression of such belief.".

Senator Childers moved that the above amendment be adopted, which motion prevailed.

Senator Flotron offered SA 13, which was read:

SENATE AMENDMENT NO. 13

Amend Senate Committee Substitute for House Bill No. 927, Page 2, Section 105.156, Line 5, by striking the following: "or affecting".

Senator Flotron moved that the above amendment be adopted, which motion prevailed.

Senator Ehlmann offered SA 14:

SENATE AMENDMENT NO. 14

Amend Senate Committee Substitute for House Bill No. 927, Page 6, Section 105.473, Line 107, by inserting immediately after said line the following:

"13. Each lobbyist or lobbyist principal shall disclose the amount of compensation received in the preceding calendar year for his or her lobbying activities in the state of Missouri, from any one client. Such disclosure shall be filed with the Missouri ethics commission no later than March fifteenth of each year and shall include disclosure of compensation for all lobbying activities in the previous calendar year.".

Senator Ehlmann moved that the above amendment be adopted.

Senator Ehlmann offered SSA 1 for SA 14:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 14

Amend Senate Committee Substitute for House Bill No. 927, Page 6, Section 105.473, Line 107, by inserting immediately after said line the following:

"13. Each lobbyist or lobbyist principal shall disclose the amount of compensation received from a client in the preceding calendar year for his or her lobbying activities if the sum of the compensation received from a client for lobbying activities exceeds twenty-seven thousand five hundred eighty dollars. Compensation for other activities, including lobbying activities in areas other than state government, shall not be used in determining the total amount of compensation. Such disclosure shall be filed with the Missouri ethics commission no later than March fifteenth of each year and shall include disclosure of compensation as provided in this section.".

Senator Ehlmann moved that the above substitute amendment be adopted.

Senator Ehlmann offered SA 1 to SSA 1 for SA 14:

SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 14

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 14 to Senate Committee Substitute for House Bill No. 927, Page 1, Line 6, by deleting the words: "twenty-seven thousand five hundred eighty" and insert the words: "one hundred thousand dollars".

Senator Ehlmann moved that the above amendment be adopted.

Senator Ehlmann offered SSA 1 for SA 1 to SSA 1 for SA 14:

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 1 TO

SENATE SUBSTITUTE AMENDMENT NO. 1

FOR SENATE AMENDMENT NO. 14

Amend Senate Substitute Amendment No. 1 for Senate Amendment No. 14 to Senate Committee Substitute for House Bill No. 927, Page 1, Section 105.473, Lines 2-4, by deleting said lines and inserting the following: "13. If the sum of"; and

Further amend said page, line 6, by deleting said line and inserting the following: "exceeds one hundred thousand dollars in the previous calendar year for his or her lobbying activities in the State of Missouri, each lobbyist or lobbyist principal shall disclose that fact.".

Senator Ehlmann moved that the above substitute amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Rohrbach, Singleton, Childers and Kenney.

Senator Johnson assumed the Chair.

SSA 1 for SA 1 to SSA 1 for SA 14 failed of adoption by the following vote:

At the request of Senator Ehlmann, SA 1 to SSA 1 for SA 14, SSA 1 for SA 14 and SA 14 were withdrawn.

Senator Rohrbach offered SA 15:

SENATE AMENDMENT NO. 15

Amend Senate Committee Substitute for House Bill No. 927, Page 3, Section 105.158, Line 9, by inserting immediately after said line the following:

"105.470. [As used in section 105.473, unless the context requires otherwise,] Unless otherwise defined in this chapter, the following words and terms mean:

(1) "Executive lobbyist", any natural person who acts for the purpose of attempting to influence any action by the executive branch of government or by any elected or appointed official, employee, department, division, agency or board or commission thereof and in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment on behalf of or for the benefit of such person's employer; or

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation, association or other entity; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty-first for the benefit of one or more public officials or one or more employees of the executive branch of state government in connection with such activity. An "executive lobbyist" shall not include a member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

a. Appearing or inquiring in regard to a complaint, citation, summons, adversary proceeding, or contested case before a state board, commission, department, division or agency of the executive branch of government or any elected or appointed officer or employee thereof;

b. Preparing, filing or inquiring, or responding to any audit, regarding any tax return, any public document, permit or contract, any application for any permit or license or certificate, or any document required or requested to be filed with the state or a political subdivision;

c. Selling of goods or services to be paid for by public funds, provided that such person is attempting to influence only the person authorized to authorize or enter into a contract to purchase the goods or services being offered for sale;

d. Participating in public hearings or public proceedings on rules, grants, or other matters;

e. Responding to any request for information made by any public official or employee of the executive branch of government;

f. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic;

g. Acting within the scope of employment by the general assembly, or acting within the scope of employment by the executive branch of government when acting with respect to the department, division, board, commission, agency or elected state officer by which such person is employed, or with respect to any duty or authority imposed by law to perform any action in conjunction with any other public official or state employee; or

h. Testifying as a witness before a state board, commission or agency of the executive branch;

(2) "Expenditure", any payment made or charge, expense, cost, debt or bill incurred; any gift[, honorarium] or item of value bestowed including any food or beverage; any price, charge or fee which is waived, forgiven, reduced or indefinitely delayed; any loan or debt which is canceled, reduced or otherwise forgiven; the transfer of any item with a reasonably discernible cost or fair market value from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge; except that the term "expenditure" shall not include the following:

(a) Any item, service or thing of value transferred to any person within the third degree of consanguinity of the transferor which is unrelated to any activity of the transferor as a lobbyist;

(b) Informational material such as books, reports, pamphlets, calendars or periodicals informing a public official regarding such person's official duties, or souvenirs or mementos valued at less than ten dollars;

(c) Contributions to the public official's campaign committee or candidate committee which are reported pursuant to the provisions of chapter 130, RSMo;

(d) Any loan made or other credit accommodations granted or other payments made by any person or entity which extends credit or makes loan accommodations or such payments in the regular ordinary scope and course of business, provided that such are extended, made or granted in the ordinary course of such person's or entity's business to persons who are not public officials;

(e) Any item, service or thing of de minimis value offered to the general public, whether or not the recipient is a public official or a staff member, employee, spouse or dependent child of a public official, and only if the grant of the item, service or thing of de minimis value is not motivated in any way by the recipient's status as a public official or staff member, employee, spouse or dependent child of a public official;

(f) The transfer of any item, provision of any service or granting of any opportunity with a reasonably discernible cost or fair market value when such item, service or opportunity is necessary for a public official or employee to perform his or her duty in his or her official capacity, including but not limited to entrance fees to any sporting event, museum, or other venue when the official or employee is participating in a ceremony, public presentation or official meeting therein;

(g) Any payment, gift, compensation, fee, expenditure or anything of value which is bestowed upon or given to any public official or a staff member, employee, spouse or dependent child of a public official when it is compensation for employment or given as an employment benefit and when such employment is in addition to their employment as a public official;

(3) "Honorarium", includes any payment of money or anything of value for an appearance, speech, article or any other purpose which does not constitute compensation or a fee for services rendered; honorarium does not include any actual and necessary expenses incurred in making an appearance or speech or in writing an article or article of nominal value;

[(3)] (4) "Judicial lobbyist", any natural person who acts for the purpose of attempting to influence any purchasing decision by the judicial branch of government or by any elected or appointed official or any employee thereof and in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment which primary purpose is to influence the judiciary in its purchasing decisions on a regular basis on behalf of or for the benefit of such person's employer, except that this shall not apply to any person who engages in lobbying on an occasional basis only and not as a regular pattern of conduct; or

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation or association; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty-first for the benefit of one or more public officials or one or more employees of the judicial branch of state government in connection with attempting to influence such purchasing decisions by the judiciary. A "judicial lobbyist" shall not include a member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

a. Appearing or inquiring in regard to a complaint, citation, summons, adversary proceeding, or contested case before a state court;

b. Participating in public hearings or public proceedings on rules, grants, or other matters;

c. Responding to any request for information made by any judge or employee of the judicial branch of government;

d. Preparing, distributing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic; or

e. Acting within the scope of employment by the general assembly, or acting within the scope of employment by the executive branch of government when acting with respect to the department, division, board, commission, agency or elected state officer by which such person is employed, or with respect to any duty or authority imposed by law to perform any action in conjunction with any other public official or state employee;

[(4)] (5) "Legislative lobbyist", any natural person who acts for the purpose of attempting to influence the taking, passage, amendment, delay or defeat of any official action on any bill, resolution, amendment, nomination, appointment, report or any other action or any other matter pending or proposed in a legislative committee in either house of the general assembly, or in any matter which may be the subject of action by the general assembly and in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment, which primary purpose is to influence legislation on a regular basis, on behalf of or for the benefit of such person's employer, except that this shall not apply to any person who engages in lobbying on an occasional basis only and not as a regular pattern of conduct; or

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation, association or other entity; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty-first for the benefit of one or more public officials or one or more employees of the legislative branch of state government in connection with such activity. A "legislative lobbyist" shall include an attorney at law engaged in activities on behalf of any person unless excluded by any of the following exceptions. A "legislative lobbyist" shall not include any member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

a. Responding to any request for information made by any public official or employee of the legislative branch of government;

b. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic;

c. Acting within the scope of employment of the legislative branch of government when acting with respect to the general assembly or any member thereof;

d. Testifying as a witness before the general assembly or any committee thereof;

[(5)] (6) "Lobbyist", any natural person defined as an executive lobbyist, judicial lobbyist or a legislative lobbyist;

[(6)] (7) "Lobbyist principal", any person, business entity, governmental entity, religious organization, nonprofit corporation or association who employs, contracts for pay or otherwise compensates a lobbyist;

[(7)] (8) "Public official", any member or member-elect of the general assembly, judge or judicial officer, or any other person holding an elective office of state government or any agency head, department director or division director of state government or any member of any state board or commission and any [designated] decision-making public servant designated by persons described in this subdivision."; and

Further amend said bill, page 4, Section 105.473, line 32, by striking the following: "honoraria;"; and

Further amend said bill and section, page 5, line 67, by inserting immediately after said line the following:

"5. Lobbyists and lobbyist principals shall not provide admission to sporting events which occur outside the state.

6. No lobbyist or lobbyist principal shall offer an honorarium to a public official and no public official shall knowingly accept an honorarium from a lobbyist or lobbyist principal."; and further amend said section, by renumbering the remaining subsections accordingly; and

Further amend the title and enacting clause accordingly.

Senator Rohrbach moved that the above amendment be adopted, which motion prevailed.

Senator Rohrbach offered SA 16:

SENATE AMENDMENT NO. 16

Amend Senate Committee Substitute for House Bill No. 927, Page 6, Section 105.473, Line 107, by inserting immediately after all of said line the following:

"Section 1. 1. No state agency shall release the personal information of any state employee without the consent of the employee. As used in this section, personal information shall mean the home address and home phone number of the employee.

2. This section shall not apply to the following:

(1) Any release necessary to comply with any federal law or any specific state law;

(2) Releases for authorized use by any federal agency, state agency, court of law or law enforcement agency; and

(3) Motor vehicle and driver's license information subject to sections 32.090 and 32.091, RSMo."; and

Further amend the title and enacting clause accordingly.

Senator Rohrbach moved that the above amendment be adopted, which motion prevailed.

Senator Maxwell moved that SCS for HB 927, as amended, be adopted, which motion prevailed.

On motion of Senator Maxwell, SCS for HB 927, as amended, was read the 3rd time and passed by the following vote:

The President declared the bill passed.

On motion of Senator Maxwell, title to the bill was agreed to.

Senator Maxwell moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

HB 1763 was placed on the Informal Calendar.

At the request of Senator Wiggins, HB 1507, with SCS, was placed on the Informal Calendar.

HB 1274, introduced by Representative Farnen, et al, entitled:

An Act to amend chapter 660, RSMo, relating to the department of social services by adding thereto one new section relating to head start programs.

Was called from the Informal Calendar and taken up by Senator Bentley.

Senator Rohrbach offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend House Bill No. 1274, Page 3, Section 6, Lines 51-56, by deleting all of said lines and inserting in lieu thereof the following:

"6. Subject to appropriations, the state may, through non exclusive competitive grants on contracts available to other providers, contract with head start grantees to provide early child care and development services.".

Senator Rohrbach moved that the above amendment be adopted.

Senator Mathewson assumed the Chair.

At the request of Senator Bentley, HB 1274, with SA 1 (pending), was placed on the Informal Calendar.

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HS for HCS for HB 1323, with SA 1, and has again taken up and passed SCS for HS for HCS for HB 1323, as amended.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for HB 1891, entitled:

An Act to repeal sections 571.070 and 571.090, RSMo 1994, and section 571.030, RSMo Supp. 1997, relating to certain weapons offenses, and to enact in lieu thereof six new sections relating to the same subject, with penalty provisions and a referendum clause.

In which the concurrence of the Senate is respectfully requested.

Read 1st time.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SB 883, entitled:

An Act to repeal sections 226.040 and 226.140, RSMo 1994, and section 226.005, RSMo Supp. 1997, relating to transportation, and to enact in lieu thereof four new sections relating to the same subject.

With House Amendment No. 1, House Amendment No. 1 to House Amendment No. 2, House Amendment No. 2, as amended, House Amendment No. 1 to House Amendment No. 3, House Amendment No. 2 to House Amendment No. 3, House Amendment No. 3, as amended, House Amendment No. 5, House Substitute Amendment No. 1 for House Amendment No. 6, House Amendments Nos. 7, 8 and 9.

HOUSE AMENDMENT NO. 1

Amend House Committee Substitute for Senate Bill No. 883, Page 5, by inserting after all of said line the following:

"71.288. 1. [Any city that maintains the city engineer or other similar city official on the planning commission shall have the authority to place any restriction upon the height, spacing and lighting or outdoor advertising structures placed within the view of any highway within the city. Such ordinance may be more restrictive than sections 226.500 to 226.600, RSMo] Any city or county shall have the authority to adopt regulations with respect to outdoor advertising that are more restrictive than the height, size, lighting and spacing provisions of sections 226.500 to 226.600, RSMo.

2. No city [that elects to govern outdoor advertising structures as provided in subsection 1] or county shall have the authority to impose a fee of more than five hundred dollars for the initial inspection of an outdoor advertising structure, nor may the city or county impose a business tax on an outdoor advertising structure of more than [one hundred dollars per year] two per cent of the gross annual revenue produced by the outdoor advertising structure within that city or county."; and

Further amend the title and enacting clause accordingly.

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 2

Amend House Amendment No. 2 to House Committee Substitute for Senate Bill No. 883, Page 1, Line 13, by deleting #3 and inserting in lieu thereof the following:

"The state auditor shall, where practical use, but shall not be limited to, the data and information developed for and provided by the report required pursuant to subdivision (1) of subsection 2 of section 21.795 RSMo, when performing an audit authorized by section 29.210 RSMo.".

HOUSE AMENDMENT NO. 2

Amend House Committee Substitute for Senate Bill No. 883, Page 2, Section 21.795, Lines 16 and 17, by deleting the words "October fifteenth" and inserting in lieu thereof the words "November tenth"; and

Further amend said bill, Page 2, Section 21.795, Line 30, by deleting the word "by" and inserting in lieu thereof the words "made by, or on behalf of,"; and

Further amend said bill, Page 4, Section 226.040, Lines 1 and 2, by deleting the following: ", with the advice and consent of the senate,"; and

Further amend said bill, Page 5, Section 226.140, Line 11, by inserting after all of said line the following:

"3. The state auditor shall, to the extent practicable, utilize the data and information developed for, and provided by, the report required pursuant to subdivision (1) of subsection 2 of section 21.795, RSMo, when performing an audit authorized by section 29.210, RSMo.".

HOUSE AMENDMENT NO. 1 TO

HOUSE AMENDMENT NO. 3

Amend House Amendment No. 3 to House Committee Substitute for Senate Bill No. 883, Pages 1 and 2, Section 2, Lines 14-16, by deleting the words "shall be rendered null and void and the contractor shall forfeit all rights and claims under the contract" and inserting in lieu thereof the following: "shall be fined up to twenty percent of the base contract".

HOUSE AMENDMENT NO. 2 TO

HOUSE AMENDMENT NO. 3

Amend House Amendment No. 3 to House Committee Substitute for Senate Bill No. 883, Page 2, Line 17, by adding the following: "All general contractors who knowingly contract with any sub